ProEnglish protects the right of employers to require employees to speak English


Action Urge Congress to defend English Model official English statute Donate Current Legislation State Profiles ProEnglish BLOG Sign up for Twitter Email sign up Issues Official English Bilingual Education English on the Job Citizenship and Immigration Bilingual Ballots Puerto Rican Statehood Ending E.O. 13166, the "Multilingual Mandate" Contact us: 1601 N. Kent St. Suite 1100 Arlington, VA 22209 ph: (703) 816-8821 fax: (571) 527-2813		MODEL EMPLOYERS’ ENGLISH WORKPLACE POLICY The following policy is a model English in the workplace policy. Federal enforcement of language in the workplace is generally conducted by the Equal Employment Opportunity Commission (EEOC). The EEOC rarely prevails in challenges to such policies which are tested in court, but, due to the cost and burden of litigation, most EEOC challenges are settled administratively without judicial action. Adopting a language in the workplace policy which meets EEOC rules gives an employer grounds to defend the policy if workers challenge the employment policy. The EEOC will permit a language in the workplace rule if it is justified by “business necessity.” To the EEOC, an English policy is justified by “business necessity” if it is needed for an employer to operate safely or efficiently. Here are some examples provided by the EEOC in which business necessity would justify an English policy: For communications with customers, coworkers, or supervisors who only speak English In emergencies or other situations in which workers must speak a common language to promote safety For cooperative work assignments in which the English policy is needed to promote efficiency To enable a supervisor who only speaks English to monitor the performance of an employee whose job duties require communication with coworkers or customers Policy guidance from the EEOC says employers deciding to adopt an English-only policy should be certain the policy contains several safeguards: The policy should be narrowly tailored to its legitimate business purposes. For example, there will rarely be any business justification for prohibiting employees from speaking a foreign language during breaks, meals and other non-working times. The policy should be nondiscriminatory. It should apply to all employees equally and not only to one ethnic group or one foreign language. The specific policy and the potential consequences for violating the policy should be communicated clearly to the employees in writing, and employees should acknowledge their receipt of the policy with their signature. An employer can implement the policy either by adding a section to its employee handbook or by instituting an independent policy. The following model language must be adapted to the specific jobs and workplace conditions of each employer. An employer should consult a qualified attorney for more information on employment policies on non-discrimination and harassment in the workplace, as well as general policies on employment manuals and work rules. Section __: Language while performing work: COMPANY requires all employees to speak English while performing work. This policy was adopted to promote efficiency, safety, monitoring of the workplace by supervisors and others who speak English, and good employee morale in the workplace. All employees are required to use the English language while at work. This rule applies to communications with customers, other members of the public, vendors and suppliers, COMPANY’S manager, supervisors, and other COMPANY employees. This rule does not apply during employee’s lunch breaks, work breaks, calls home, and any other personal time or activity. If a customer addresses an employee by using a language other than English or otherwise indicates a preference for communicating in that language, the employee can respond in that language if he or she is capable of doing so, to the extent necessary to serve the customer. Inadvertent and isolated violations of COMPANY’s language policy, at the sole discretion of COMPANY managers and supervisors, may be handled without resort to employee discipline. But the choice of whether such violations would be considered grounds for discipline or possible termination depends on the specific circumstances of the situation, as determined by COMPANY Manager and supervisors. Non-Discrimination and Anti-Harassment Policy Individuals and Conduct Covered XXXX is committed to a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. Therefore, XXXX expects that all relationships among persons in the workplace will be business-like and free of bias, prejudice and harassment of any kind, in any form. It is XXXX’s policy that all employees are responsible for assuring that the workplace is free from all forms of harassment. Discrimination or harassment by anyone, including fellow employees, customers, creditors, vendors or consumers (whether on Organization property, on work assignments or at Organization-sponsored events) is unacceptable and will not be tolerated. Any instances in which an employee observes or is subject to a violation of this policy must immediately be reported to any supervisor, the HR/Office Manager or the President of XXXX. Definitions of Harassment For the purposes of this policy, sexual harassment is defined as any type of gender-based or sexually oriented misconduct that is unwelcomed and inappropriate. Unwelcome sexual advances, requests for sexual favors and other physical, verbal or visual conduct of a gender-based or sexual nature may constitute sexual harassment when, for example: (i) submission to such conduct is made either an explicit or implicit term or condition of employment; (ii) submission to or rejection of such conduct is used as the basis for employment decisions affecting such individual; or (iii) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment. Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances, these behaviors may include, but are not limited to: unwanted sexual advances or requests for sexual favors; sexual or gender-based jokes and innuendo; verbal abuse of a sexual or gender-based nature; commentary about an individual’s body, sexual prowess or sexual deficiencies; leering, catcalls or touching; insulting or obscene comments or gestures; display or circulation in the workplace of sexually suggestive objects or pictures (including through e-mail); and other physical, verbal or visual conduct of a sexual nature. Harassment on the basis of any other protected characteristic is also strictly prohibited. Under this policy, harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his/her race, color, religion, national origin, age, disability, status (a lineage or citizenship status, marital status, creed, genetic predisposition or carrier status, sexual orientation) or any other characteristic protected by law or that of his/her relatives, friends or associates, and that: (i) has the purpose or effect of creating an intimidating, hostile or offensive work environment; (ii) has the purpose or effect of unreasonably interfering with an individual’s work performance; or (iii) otherwise adversely affects an individual’s employment opportunities. Harassing conduct includes, but is not limited to: epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes and display or circulation in the workplace of written or graphic material that denigrates or shows hostility or aversion toward an individual or group (including through e-mail). Individuals and Conduct Covered This Policy covers all applicants and employees of XXXX. XXXX will not tolerate, condone or allow harassment, discrimination or retaliation whether engaged in by fellow employees, supervisors, volunteers, employees of another organization, those who benefit from our services, vendors, independent contractors or visitors to the workplace or whether on or off Organization premises. Retaliation is Prohibited XXXX will not in any way retaliate against any individual who makes a good faith report of discrimination or harassment or participates in an investigation of such reports. Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and should be reported immediately. Any person found to have retaliated against another individual for reporting harassment may be subject to appropriate disciplinary action, up to and including termination. Procedures for Reporting a Complaint of Harassment Harassment will not be tolerated. XXXX requires reporting of all incidents of harassment, regardless of who the offender may be. Any employee with a complaint of harassment at work may bring the complaint to any supervisor, the HR/Office Manager or the President of XXXX. All complaints will be handled promptly and appropriate corrective action, including disciplinary action, up to and including termination, will be taken to remedy violations of this policy. If an employee believes that he or she is being harassed, XXXX encourages firm and prompt notification to the offender that his or her behavior is unwelcome. We also recognize, however, that power and status disparities between an alleged harasser and the complainant may make such a confrontation undesirable. Whether or not an employee is able to confront a harasser directly, XXXX has established the following procedure for persons who believe they are being harassed: Report the Complaint. Individuals who believe they have been subjected to harassment should report the incident to any supervisor, the HR/Office Manager or the President of XXXX. If the complaint is resolved in an informal manner, a confidential report about both the complaint and its resolution will be filed with the HR/Office Manager. Describe the Misconduct. An accurate record of objectionable behavior or misconduct is needed to resolve a formal complaint of harassment. Verbal reports of harassment must be reduced to writing by either the complainant or the individual(s) designated to receive complaints and be signed by the complainant. If any employee believes that he or she has been or is being harassed, the employee should maintain a record of objectionable conduct in order to effectively prepare and corroborate all allegations. Act Promptly. If any employee feels he or she is being harassed, the employee must report the complaint promptly so that XXXX may respond quickly. Procedures for Investigating a Complaint of Harassment Confidentiality. Any allegation of harassment brought to XXXX’s attention will be promptly investigated in a confidential manner, to the extent possible, so as to protect the privacy of persons involved. Confidentiality will be maintained throughout the investigatory process to the extent practical and appropriate under the circumstances. Identification of Investigator. Any complaint of harassment will be investigated and resolved by the HR/Office Manager. Should the complaint involve the HR/Office Manager, XXXX will appoint an impartial individual to conduct the investigation. Investigation Process. The objectives of the investigation are to: Confirm the name and position of the complainant; Identify the alleged harasser; Thoroughly ascertain all facts that explain what happened; Determine the frequency and type of alleged harassment and, if possible, the dates of locations where alleged harassment occurred; Identify individuals, if any, who observed the alleged harassment; Ask the individual how he or she responded to the alleged harassment; Determine whether the harassed individual consulted anyone else about the alleged harassment and take note of who else knows and their response to the disclosure; Develop a thorough understanding of the professional relationship, degree of control and amount of interaction between the alleged harasser and complainant; Determine whether the alleged harasser has carried out any threats or promises directed at the complainant; Inquire whether the complainant knows of or suspects that there are other individuals who have been harassed by the alleged harasser; Determine whether the complainant informed other administrative or supervisory personnel of the situation and the response thereto; and When first interviewing the alleged harasser, remind him or her of the Organization’s policy against retaliation for making a complaint of harassment. Resolving a Complaint Upon completing the investigation of a harassment complaint, XXXX will communicate its findings and intended actions to the complainant and alleged harasser. If the investigator determines that harassment occurred, the harasser will be subject to appropriate disciplinary procedures, as listed below. The complainant will be informed of the disciplinary action taken. If the investigator determines that no harassment has occurred, this finding will be communicated to the complainant and alleged harasser in an appropriate manner. Sanctions. Individuals found to have violated this policy will be disciplined, up to and including termination. Additional action, in the Organization’s sole discretion, may include referral to counseling, withholding of a promotion, reassignment, temporary suspension, financial penalties or termination. Although the Organization’s ability to discipline a non-employee harasser is limited by the degree of control, if any, that the Organization has over the alleged harasser, any employee who has been subjected to harassment from such a person should file a complaint and be assured that prompt action will be taken. If an investigation results in a finding that the complainant made a bad faith complaint of harassment knowingly or in a malicious manner, the complainant will be subject to appropriate disciplinary action, up to and including termination. Conclusion XXXX has developed this policy to ensure that all our employees can work in an environment free from sexual or other forms of harassment. XXXX will make every effort to ensure that all its personnel are familiar with the policy and know that any complaint received will be thoroughly investigated and appropriately resolved. Individuals who have questions or concerns about these policies should talk with the HR/Office Manager. Finally, these policies should not, and may not, be used as a basis for excluding or separating individuals of a particular gender, or any other protected characteristic, from participating in business or work-related social activities or discussions in order to avoid allegations of harassment. The law and the policies of XXXX prohibit disparate treatment on the basis of sex or any other protected characteristic, with regard to terms, conditions, privileges and prerequisites of employment. The prohibitions against harassment, discrimination and retaliation are intended to complement and further these policies, not to form the basis of an exception to them.